N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-7.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 361-7.4 - Design and operating requirements for vehicle dismantling facilities

A vehicle dismantling facility required to obtain a registration under this Subpart must, in addition to the requirements identified in Part 360 of this Title, design, construct, maintain, and operate the facility in compliance with the following criteria:

(a) End-of-life vehicles arriving at the facility must be inspected upon arrival for leaking fluids and unauthorized waste. Leaks must be remedied or contained to avoid releases of fluids to the environment.

(b) All fluids must be drained, removed, collected, and stored for appropriate use, treatment, or disposal to the maximum extent possible, utilizing best management practices. If hazardous wastes are present they must be disposed in compliance with Part 370 of this Title.

(c) All fluid draining, removal and collection activities as well as all crushing activities must be conducted on a bermed, sealed asphalt or concrete surface or other permanent surface that provides equivalent protections to surface and groundwater. Surfaces must be cleaned daily when in use, and immediately using absorbent materials when a spill has occurred.

(d) End-of-life vehicles must be decommissioned by a facility registered under this Subpart prior to crushing or shredding by removal or deployment of the following materials in accordance with best management practices:

(1) fluids, including but not limited to engine oil, transmission fluid, brake fluid, power steering fluid, coolant, and fuel;

(2) lead acid batteries;

(3) small PCB capacitors, mercury switches and other mercury-containing devices;

(4) refrigerants; and

(5) airbags.

(e) Except for lead acid batteries, any fluids or components identified in subdivision (d) of this section removed from end-of-life vehicles must be stored in closed, labeled containers. Containers that store fluids removed from end-of-life vehicles must be compatible with their contents and must be placed in an area with either a bermed, sealed asphalt or concrete surface or other permanent surface that provides equivalent protections to surface and groundwater. The area must provide containment equal to the volume stored.

(f) Lead acid batteries must be stored off the ground and must be covered to prevent water from contacting the batteries. Leaking or broken lead acid batteries must be stored separately from intact batteries.

(g) The owner or operator must notify the appropriate regional office of the department in which the facility is located at least five business days prior to any crushing activities that are to be performed by a mobile vehicle crusher.

(h) If more than 1000 tires are stored at the site, excluding those tires mounted onto vehicles, the facility must meet the requirements of Subpart 361-6 of this Part.

(i) Vegetation must be controlled to prevent encroachment into fire access lanes or driveways at the facility and to decrease the potential for fire.

(j) Vehicles must not be stacked in an unsafe manner.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-7.4

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023